Feature

States Are Coming to the Fore of Privacy in the Digital Era

Ganka Hadjipetrova and Hannah G. Poteat

©2014. Published in Landslide, Vol. 6, No. 6, July/August 2014, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

This article proposes that in the absence of a baseline federal privacy law, states are becoming primary legislative and policing authorities in the area of privacy and data security. The article offers a brief exploration of the factors behind the states’ rising importance for the law of privacy. An overview of recent state legislative plans, particularly of the so-called “California effect,” and of state attorneys general initiatives illustrates the leadership role states have assumed in privacy rulemaking and enforcement.

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